Filing for Bankruptcy in South Carolina

For information on filing for bankruptcy in South Carolina, start here.

If you want to file for bankruptcy in South Carolina, there is information online that can help you.

The general filing process in South Carolina is similar to other
states because the most of the bankruptcy process is governed by federal
law. However, you will need to include some South Carolina-specific
information on your bankruptcy forms.

Here is some information to get you started.

Pre-Bankruptcy Credit Counseling and Pre-Discharge Debtor Education in South Carolina

Before you can file for Chapter 7 or Chapter 13 bankruptcy, you must
have proof that you received credit counseling from an agency approved
by the U.S. Trustee in South Carolina within the six month period before
you file for bankruptcy. You’ll also have to take a debtor education
course after you file, before you will be granted a discharge. (To learn
more about this requirement, including the rare exceptions, see Credit Counseling & Debtor Education Requirements in Bankruptcy.)

You can find the list of approved South Carolina credit counseling agencies here.

You can find the list of approved South Carolina debtor education agencies here.

South Carolina Bankruptcy Exemptions

South Carolina has a set of bankruptcy exemptions which help
determine what property you get to keep in a Chapter 7 bankruptcy, and
play a role in how much you repay creditors in a Chapter 13 bankruptcy.
(To learn more, see our Bankruptcy Exemptions area.)

Some states give you the choice between federal and state exemptions.
In South Carolina, you can only use South Carolina state exemptions.

Completing the Bankruptcy Forms in South Carolina

Whether you file for bankruptcy under Chapter 7 or Chapter 13, you
need to fill out a bankruptcy petition, several schedules containing
detailed information on what you own and who you owe money to, and
several other forms containing detailed information on your finances.
You also need to file a lengthy form known as the "means test" to see if
you qualify for a Chapter 7 and a similar form for a Chapter 13.

Getting and Completing the Official Bankruptcy Forms

Finding Means Test Information for South Carolina

When you file for bankruptcy in South Carolina, you must compare your
income to the median income for a household of your size in South
Carolina. If your income is less than the median, you will be eligible
to file for Chapter 7 and, if you choose to file for Chapter 13 instead,
you can use a three-year repayment plan (rather than five years).

If your income is above South Carolina’s median income for a
household of your size, you still might qualify for Chapter 7, but you
will have to provide detailed information on your regular expenses and
payments on secured debts by completing something called the means test
to find out. Most Chapter 13 filers will also have to provide this
information in a similar Chapter 13 form.

For information about each of these forms, see:

Form 22A–Statement of Current Monthly Income and Means Test Calculation (for Chapter 7), and

Form 22C –Statement of Current Monthly Income and Calculation of Commitment Period and Disposable Income (for Chapter 13).

Here’s how to find South Carolina-specific figures for these forms:

South Carolina Median Income. For a one-person
household in South Carolina, the median income is $37,660. For a family
of four, the South Carolina median income is $62,912. You can find
median income figures for other household sizes in South Carolina here.

Example. Carter is married and has two children. He
lives with wife and their two chidren. Their total household income is
$61,000. He is eligible to file Chapter 7 without having to complete the
detailed means test calculation because his household income is less
than $62,912.

Standard deductions. Forms 22A and 22C have a
comprehensive list of expense categories, such as housing,
transportation, food and childcare. For some of those categories (like
childcare), you provide the actual amount you spend. For other
categories, you plug in a predetermined amount -- sometimes that figure
is standard for the entire country, other times it varies by county or
region.

You can find all of the South Carolina area state, county and
region-specific figures that you will need to complete Forms 22A and
Forms 22C on the U.S. Trustee’s website at www.justice.gov/ust. Click on "Bankruptcy Reform" and then "Means Testing Information."

Example. In South Carolina, the standard amount that
you list on your means test for housing varies by county and number in
your household. If you live in Richland County, your mortgage or rent
deduction is $805 for a one-person household and $1,111 for a
four-person household. If you live in Beaufort County, your mortgage or
rent deduction is $1,127 for a one-person household and $1,556 for a
four-person household. You can find housing expense standards for each
South Carolina county here.

Getting Local Bankruptcy Forms

Some judicial districts and bankruptcy courts require bankruptcy
filers to complete additional "local forms." To find out if your court
requires additional forms, contact the bankruptcy clerk’s office. You
might even find these forms posted online at your bankruptcy court’s
website. (Below you will find a link to the bankruptcy court in South
Carolina.)

Filing in the South Carolina Bankruptcy Court

There are is only one federal judicial district in South Carolina, so
you don’t have to worry about finding the correct judicial district as
long as:

you have lived in South Carolina for the greater part of the 180 days before you file, or

you have been domiciled (which means the place where you maintain
your home with evidence of your intent to stay) in South Carolina, if
you have been living elsewhere temporarily (such as on a military
deployment or out of the area for temporary work assignment).

If you don’t meet these requirements, you might need to file in the state that you previously resided in.

You can use the Court Locator
tool on the U.S. Courts website to find bankruptcy court locations and
websites. The website for the South Carolina Bankruptcy Court is www.scb.uscourts.gov.

The clerk’s office and main location is in Columbia but hearings are also held in Spartanburg and Charleston.